02-25-2015 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: A.G. Op. 90e (Aug. 25, 1997). In one situation, the attorney general advised that a housing authority commissioner had a conflict when—as a foreman—he would aid his employer, a contractor, in making a bid to the housing authority. In a different opinion, the attorney general found that a mayor or councilmember would not be disqualified from office because he was an employee of a nonprofit corporation that provided public access cable service to the city, but must abstain from participating in any related actions. f. Land use Since a city council must deal with land matters within its jurisdiction, it is almost inevitable that such decisions will affect property owned or used by one of its members. (1) Property ownership Whether or not property ownership disqualifies a councilmember from participating in a land use decision will depend (to some extent) on the nature of the decision and the numbers of persons or properties affected. At one extreme is adoption of a new zoning ordinance (or a comprehensive revision of an existing ordinance) that may impact all property in the city. In this situation, the councilmember's interest is not personal and he or she should be able to participate. If this was not allowed, such ordinances might never be adopted. At the other extreme is the application for a zoning variance or special use permit that only applies to a councilmember's property. Such a specific, personal interest will likely disqualify the member from participating in the proceedings. However, the councilmember should still be able to submit the required application to the city. Between these two extremes are those proceedings affecting some lots or parcels, one of which a councilmember owns. In such situations, it is a question of fact whether the councilmember should not vote. In such circumstances, the council must decide whether the member should be disqualified—a decision which is subject to review in the courts if challenged. In many situations where the right to vote is questioned, an interested councilmember will refrain from participating in order to avoid the "appearance" of impropriety. League of Minnesota Cities Information Memo: 10/17/2014 Official Conflict of Interest Page 19